Karnataka High Court
Shivakumar vs The State Of Karnataka on 10 March, 2026
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NC: 2026:KHC-K:2262
CRL.P No. 200142 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 10TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL PETITION NO. 200142 OF 2026
(439(Cr.PC)/483(BNSS))
BETWEEN:
SHIVAKUMAR
S/O VISHWANATH YEDVE
AGE: 33 YEARS, OCC: LABOUR
R/O. SHETKAR GALLI, AURAD-B
TQ: AURAD-B, DIST: BIDAR-585326
...PETITIONER
(BY SRI. KADLOOR SATYANARAYANACHARYA, ADVOCATE)
AND:
THE STATE OF KARNATAKA
Digitally signed by THROUGH AURAD POLICE STATION
SHIVALEELA
DATTATRAYA AURAD, DIST: BIDAR-585326
UDAGI (REP. BY ASPP, HCK KLB-585107)
Location: HIGH
COURT OF ...RESPONDENT
KARNATAKA (BY SRI.VEERANAGOUDA MALIPATIL, HCGP)
THIS CRL.P IS FILED U/S. 439 OF CR.P.C (OLD), 483 OF
BNSS (NEW), PRAYING TO ALLOW THE PETITION AND GRANT
REGULAR BAIL TO ACCUSED/PETITIONER IN CRIME
NO.160/2025 FOR THE OFFENCES PUNISHABLE U/SEC. 109(1),
351(2) AND 352 OF BNS, 2023, OF AURAD PS, PENDING ON
THE FILE OF SENIOR CIVIL JUDGE, AURAD.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2026:KHC-K:2262
CRL.P No. 200142 of 2026
HC-KAR
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
ORAL ORDER
This petition is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, by the petitioner/accused for grant of bail in Crime No.160/2025, registered by Aurad Police, for the offences punishable under Sections 109(1), 351(2) and 352 of Bharatiya Nyaya Sanhita, 2023, presently pending on the file of Senior Civil Judge Aurad.
2. The factual matrix of the case is that, on the basis of the complaint filed by Yunus Khan, Aurad Police have registered the case in Crime No.160/2025 against the accused for the aforesaid offences. The accused was arrested on 14.12.2025 and produced before the Court and remanded to judicial custody. The remand of the accused was being extended from time to time. The accused is still in judicial custody. After investigation, the Investigating Officer has submitted the charge sheet against the accused for the aforesaid offences. Being -3- NC: 2026:KHC-K:2262 CRL.P No. 200142 of 2026 HC-KAR aggrieved by the same, the petitioner filed bail petition in Criminal Misc.No.627/2025 before the Principal District and Sessions Judge, Bidar, which was rejected by order dated 03.01.2026. Hence, the petitioner preferred this petition seeking for grant of regular bail.
3. Heard the learned counsel for the petitioner and the learned HCGP for respondent-State.
4. Learned counsel appearing on behalf of the petitioner would submit that the injured has already been discharged from the hospital. Wound certificate is also produced. He further submits that, the accused is not required for custodial interrogation as the investigating officer has already submitted charge sheet against the accused and the alleged commission of offences are not punishable with death or imprisonment for life. Accordingly, he prays to allow the bail petition.
5. It is also submitted that now the case was registered in C.C.No.44/2026 and case has already -4- NC: 2026:KHC-K:2262 CRL.P No. 200142 of 2026 HC-KAR committed to the Court of Sessions and registered the case as Spl.C.No.21/2026 pending on the file of Principal District and Sessions Court, Bidar.
6. Per contra, the learned HCGP for respondent - State opposed to the bail petition.
7. I have examined the materials placed before this Court.
8. Taking into consideration the completion of investigation, previous antecedents of the accused, nature and gravity of offence, discharge of the injured from the hospital so also nature of injuries caused to the injured, it is just and proper to allow the petition with conditions. Accordingly, I proceed to pass the following;
ORDER The petition is allowed.
The petitioner/accused is directed to be enlarged on bail in Crime No.160/2025, registered by Aurad Police, for the offences punishable under Sections -5- NC: 2026:KHC-K:2262 CRL.P No. 200142 of 2026 HC-KAR 109(1), 351(2) and 352 of Bharatiya Nyaya Sanhita, 2023, subject to the following conditions:
(a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum, to the satisfaction of the Sessions Court (in S.C.No.21/2026);
(b) The petitioner shall appear regularly on all the dates of hearing before the Sessions Court;
(c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
(d) The petitioner shall not indulge in similar offences in future;
(e) The petitioner shall assist the Investigating Office for further investigation.
Sd/-
(G BASAVARAJA) JUDGE MSR List No.: 1 Sl No.: 12 CT-BH